have implications… (for its) less lethal nature’. Section 2.1.2: When should the weapons be issued Carrying weapons in places of detention should not be a routine measure and, as such, they should seldom be issued. The Nelson Mandela Rules (Rule 82.3) note that, ‘except in special circumstances, prison staff performing duties which bring them into direct contact with prisoners should not be armed’. Whilst this would seem to prohibit the routine carrying of firearms, it is not immediately clear whether this provision applies just to firearms, or also extends to less lethal weapons. However, some monitoring bodies have argued for a broad interpretation. For example, the CPT have noted that ‘preferably, custodial staff should not carry batons at all. If, nevertheless, it is considered indispensable for them to do so, the CPT recommends that the batons be hidden from view’ (CPT 1999). The European Prison Rules (69.1 and 69.2) note that; ‘except in an operational emergency, prison staff shall not carry lethal weapons within the prison perimeter’ and that ‘the open carrying of other weapons, including batons, by persons in contact with prisoners shall be prohibited within the prison perimeter unless they are required for safety and security in order to deal with a particular incident’. Moreover, as noted in Section 1, the carrying and use of weapons is prohibited in any facilities where juveniles are detained. Checklist for detention monitors: Carrying weapons. • Do staff carry firearms as a routine measure? If so, how often and under what circumstances? • Do staff carry any less lethal weapons routinely? For example, batons, chemical irritant sprays (e.g. pepper spray)? If so, how often and under what circumstances? Section 2.1.3: Establishing Policies and Procedures International standards and bodies have deemed it important that regulations are set around the use of force including, but not limited to, the use of firearms. The Basic Principles (Principle 11a) state that ‘the circumstances under which law enforcement officials are authorized to carry firearms and… the types of firearms and ammunition permitted’ should be specified in regulations. It is not just firearms that require detailed, specific regulations: the SPT (2013) has previously noted that authorities should ‘establish clear rules about the use of weapons within prisons, so as to ensure that they are used in strict conformity with the principles of proportionality and necessity’. Similarly, the European Prison Rules (Rule 65) states that ‘there shall be detailed procedures about the use of force including stipulations about: the various types of force that may be used; the circumstances in which each type of force may be used; the members of staff who are entitled to use different types of force; the level of authority required before any force is used; and the reports that must be completed once force has been used’. Nor is the need for clear guidance around use of force and restraint restricted to prisons; the CPT (2017: 3) have stated the need for clear guidance in other places of detention, including psychiatric establishments. They have noted, for example, that ‘every psychiatric establishment should have a comprehensive, carefully developed policy on restraint… Such a policy should be aimed at preventing as far as possible the resort to means of restraint and should make clear which means of restraint may be used, under what circumstances they may be applied, the practical means of their application, the supervision required and the action to be taken once the measure is terminated’.Similarly, the UNODC/OHCHR Resource book notes that ‘clear guidelines should be provided for in law on the conditions and circumstances under which force may be used against persons deprived of their liberty’ more generally. Hence these provisions, and the need for clear rules about the use of particular weapons, are useful not only in prison contexts, but are relevant for any detention setting where weapons, or other force, may be used. As well as setting out clear standards for the use of force, the UNODC/ OHCHR Resource book also notes that ‘it is good practice to specify in the regulations on the use of force the circumstances or cases when the use of force is not lawful and therefore is prohibited… In some countries… (policies) explicitly list what kind of force is prohibited by the police, providing detailed examples such as the prohibition to hit someone’s head against a wall. This can be a good practice in particular as a tool to address patterns of unlawful, arbitrary or excessive use of force within a law enforcement agency’ and in detention settings more broadly. The Basic Principles (Principle 11c) do not prohibit the use of firearms and ammunition per se, but do state that regulations should ‘prohibit the use of those firearms and ammunition that cause unwarranted injury or present an unwarranted risk’. It does not define, however, the firearms and ammunition intended to be covered by this provision, or whether it should also be interpreted so as to include less lethal weapons, many of which may also fire ammunition, and may also cause ‘unwarranted injury or present an unwarranted risk’. Amnesty International’s close reading of the Basic Principles (Amnesty International 2015) argues that lethal and / or less lethal equipment should be prohibited if it meets one or more of the following criteria: • Is found to be inaccurate enough to carry a great risk of causing significant injury including to persons other than the targeted person (e.g. pellet firing shot guns, certain kinetic impact projectiles such as rubber balls). • Causes harm which is disproportionate to the objective (e.g. carries a high risk of causing death, despite being considered to be less lethal, such as rubber coated metal bullets); • Aims to achieve an objective that is equally achievable with a less harmful device (e.g. thumb-cuffs vs. ordinary handcuffs, spiked batons vs. ordinary batons); • Is highly abusive (electric shock devices that do not have a cut-off point, electric stun guns that act as a direct contact weapon)’. 13